When 3D Printable Guns Are Banned, The Internet Reacts

[Guest Ethan]

When 3D Printable Guns Are Banned, The Internet Reacts

Google, Wikipedia, Reddit, Yahoo!, Facebook, and all the major companies alike had fought (and still do) for Internet’s freedom, but are there limits to be imposed when it comes to downloading a 3D printable gun?

Near the end of 2012, MakerBot had decided to take out all of the guns and gun parts from their Thingiverse – an online catalog of 3D printable guns. MakerBot’s CEO Bre Petits feared that some whacko out there could go online, print the gun and… well, we’re not sure what he was thinking.

Despite his efforts to make the whole thing go away, DEFCAD adopted the blueprint of a 3D gun (“The Liberator”) and gathered over 100.000 downloads in the first two days. The Department of State Office of Defense Trade Controls found out about it; now, DEFCAD could find itself in the uncomfortable position of violating the International Traffic in Arms Regulations. But is it that simple?

To sort things out, the State Department addressed a letter to DEFCAD’s founder Cody Wilson (as seen at the end of this report), asking him to stop what he’s doing until they check whether the downloadable 3D gun comes into conflict with guns export control laws or not.

However, the problem is that, as we all know, once you put something on the internet, it forever stays there. To make things even worse for the State Department, The Pirate Bay was quick to react and published the blueprints.

“We think that the good thing about the discussion about 3D printers and their gun laws might bring more focus on the double standards that the U.S. is having and hopefully – people will start printing signs to protest against the guns, the corruption and the threats against freedom of speech that the U.S. is pushing on us,” TPB said.

What’s your take on this matter? Leave your answer in the comment section.

United States Department of State

Bureau of Political-Military Affairs

Offense of Defense Trade Controls Compliance

May 08, 2013

In reply letter to DTCC Case: 13-0001444

[Cody Wilson's address redacted]

Dear Mr. Wilson,

The Department of State, Bureau of Political Military Affairs, Office of Defense Trade Controls Compliance, Enforcement Division (DTCC/END) is responsible for compliance with and civil enforcement of the Arms Export Control Act (22 U.S.C. 2778) (AECA) and the AECA’s implementing regulations, the International Traffic in Arms Regulations (22 C.F.R. Parts 120-130) (ITAR). The AECA and the ITAR impose certain requirements and restrictions on the transfer of, and access to, controlled defense articles and related technical data designated by the United States Munitions List (USML) (22 C.F.R. Part 121).

The DTCC/END is conducting a review of technical data made publicly available by Defense Distributed through its 3D printing website, DEFCAD.org, the majority of which appear to be related to items in Category I of the USML. Defense Distributed may have released ITAR-controlled technical data without the required prior authorization from the Directorate of Defense Trade Controls (DDTC), a violation of the ITAR.

Technical data regulated under the ITAR refers to information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, including information in the form of blueprints, drawings, photographs, plans, instructions or documentation. For a complete definition of technical data, see 120.10 of the ITAR. Pursuant to 127.1 of the ITAR, it is unlawful to export any defense article or technical data for which a license or written approval is required without first obtaining the required authorization from the DDTC. Please note that disclosing (including oral or visual disclosure) or tranferring technical data to a foreign person, whether in the United States or abroad, is considered an export under 120.17 of the ITAR.

The Department believes Defense Distributed may not have established the proper jurisdiction of the subject technical data. To resolve this matter officially, we request that Defense Distributed submit Commodity Jurisdiction (CJ) determination requests for the following selection of data files available on DEFCAD.org, and any other technical data for which Defense Distributed is unable to determine proper jurisdiction:

Defense Distributed Liberator pistol

.22 electric

125mm BK-14M high-explosive anti-tank warhead

5.56/.223 muzzle brake

Springfield XD-40 tactical slide assembly

Sound Moderator – slip on

“The Dirty Diane” 1/2-28 to 3/4-16 STP S3600 oil filter silencer adapter

12 gauge to .22 CB sub-caliber insert

Voltlock electronic black powder system

VZ-58 sight

DTCC/END requests that Defense Distributed submits its CJ requests within three weeks of the receipt of this letter and notify this office of the final CJ determinations. All CJ requests must be submitted electronically through an online application using the DS-4076 Commodity Jurisdiction Request Form. The form, guidance for submitting CJ requests, and other relevant information such as a copy of the ITAR can be found on DDTC’s website at http://www.pmddtc.state.gov.

Until the Department provides Defense Distributed with the final CJ determinations, Defense Distributed should treat the above technical data as ITAR-controlled. This means that all such data should be removed from public access immediately. Defense Distributed should also review the remainder of the data made public on its website to determine whether any additional data may be similarly controlled and proceed according to ITAR requirements.

Additionally, DTCC/END requests information about the procedures Defense Distributed follows to determine the classification of its technical data, to include aforementioned technical data files. We ask that you provide your procedures for determining proper jurisdiction of technical data within 30 days of the date of this letter to Ms. Bridget Van Buren, Compliance Specialist, Enforcement Division, at the address below.

Office of Defense Trade Controls Compliance

PM/DTCC, SA-1, Room L132

2401 E Street, NW

Washington, DC 20522

Phone 202-663-3323

We appreciate your full cooperation in this matter. Please note our reference number in any future correspondence.

Sincerely,

Glenn E. Smith

Chief, Enforcement Division